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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN
Jaibind Kumar son of late Kishori Singh – Appellant
Versus
State of Jharkhand through the Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand – Respondent
JUDGMENT :
By filing this writ petition under Article 226 of the Constitution of India, petitioner herein has prayed for the reliefs, which is quoted hereunder: -
(i) Issue a writ of certiorari or other appropriate writ for setting aside/ quashing of the entire departmental proceedings (Annexure 1) conducted by respondent No.3 (the enquiry officer) in D.P. No.05/12 against the petitioner.
(ii) For setting aside/quashing of Memo No.26/22 (c) dated 18.07.22 issued by Principal District Judge Lohardaga (Annexure-20) whereby and where under the petitioner’s representation dated 07.07.2022 in D.P. No.05/12 for remitting the matter back to the enquiry officer for conducting further enquiry against the petitioner at the stage where defect is crept in and conclude the same by taking a fresh decision has been rejected.
(iii) Issue a writ of mandamus or any other appropriate writ or order or direction to respondent No.2 to remit the matter back to respondent no.3 to hold Denovo enquiry/ afresh enquiry or further enquiry against the petitioner in D.P. no.05/12 from the stage where it stood vitiated.
2. Learned counsel for the petitioner submits that the petitioner was not being allowed to particip
Point of law : Service - Department may not be permitted to proceed further at this length of time especially in the context that, all these nine petitioners have been acquitted in the criminal case,....
The main legal point established in the judgment is the violation of the principles of natural justice in the departmental inquiry, leading to the quashing of the impugned order and the reinstatement....
The court established that in departmental inquiries, adherence to principles of natural justice is paramount, and failure to provide a fair opportunity to defend oneself can render the inquiry and s....
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